JackieS2 (New Jersey)
Posts: 1
Posts: 1
Posted:
How many handicapped parking spaces are required in a 55+ community in New Jersey the
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Handicapped parking
Started by JackieS2 • 3 replies • 620 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I don't know.
Do you have assigned parking?
Do you have assigned parking?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I did a little research (simple internet search).
Per the ADA, which isn't applicable to HOAs, the minimum is 1 handicap space per 25. Of the handicap spaces, 1 needs to be van asses sable for every 6. Example: 1-6 handicap spaces = 1 van accessible handicap, 7-12 handicap spaces = 2 van accessible handicap spaces. Van accessible spaces are those handicap spaces with a no parking access next to them (lined in blue).
See: Accessible Parking from the ada site.
However, HOAs/COAs are covered under the fair housing act. Therefore, if a request for handicap parking is made, the Association should create one under reasonable accommodation. See: Handicap Parking: What Your Homeowners Association Must Know from HOALeader (2010 article)
Additionally, local ordinances may require a certain number of handicap parking on private property.
You will need to contact your local authority to find out.
Per the ADA, which isn't applicable to HOAs, the minimum is 1 handicap space per 25. Of the handicap spaces, 1 needs to be van asses sable for every 6. Example: 1-6 handicap spaces = 1 van accessible handicap, 7-12 handicap spaces = 2 van accessible handicap spaces. Van accessible spaces are those handicap spaces with a no parking access next to them (lined in blue).
See: Accessible Parking from the ada site.
However, HOAs/COAs are covered under the fair housing act. Therefore, if a request for handicap parking is made, the Association should create one under reasonable accommodation. See: Handicap Parking: What Your Homeowners Association Must Know from HOALeader (2010 article)
Additionally, local ordinances may require a certain number of handicap parking on private property.
You will need to contact your local authority to find out.
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Ditto what TimB4 said. In addition, if you skim the following from 2015, you will find a wealth of NJ state law that may apply to your situation:
"In New Jersey, it is "unlawful for a housing provider to refuse to make reasonable
accommodations in rules, policies, practices, or services, when such accommodations may be
necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling." Oras
v. Housing Authority of Bayonne, 373 N.J. Super. 302, 312 (App. Div. 2004) (quoting N.J.A.C.
13:13-3.4(f)(2)) (quotations omitted); see also N.J.S.A. 10:5-4.1; N.J.S.A. 10:5-12(g). The duty to
provide a reasonable accommodation for a resident with a disability "does not necessarily entail
the obligation to do everything possible to accommodate such a person; cost (to the defendant)
and benefit (to the plaintiff) merit consideration as well." Oras, supra, 373 N.J. Super. at 315.
"Guided by those principles, courts have held, for example, that it would violate the LAD for
a "condominium association [to fail] to provide a reasonable parking space accommodation in the
parking lot common element sufficient to afford [a resident with a disability] an equal opportunity
to the use and enjoyment of her condominium unit." Estate of Nicholas v. Ocean Plaza Condo.
Assoc., 388 N.J. Super. 571, 591 (App. Div. 2006)" "
-- https://www.nj.gov/oag/dcr/downloads/findings/Mauro_v_Penwall-Affordable-Housing_FCP.pdf
You should consider contacting the NJ attorney general, division of civil rights to get help with your questions. See the contact info at https://www.nj.gov/lps/dcr/index.html . To file a complaint: https://www.nj.gov/oag/dcr/filing.html . Where I am (which is not NJ), the state was key to causing massive change, and quickly, to parking in my condo. At the federal level, HUD can drag its feet and be stupid.
"In New Jersey, it is "unlawful for a housing provider to refuse to make reasonable
accommodations in rules, policies, practices, or services, when such accommodations may be
necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling." Oras
v. Housing Authority of Bayonne, 373 N.J. Super. 302, 312 (App. Div. 2004) (quoting N.J.A.C.
13:13-3.4(f)(2)) (quotations omitted); see also N.J.S.A. 10:5-4.1; N.J.S.A. 10:5-12(g). The duty to
provide a reasonable accommodation for a resident with a disability "does not necessarily entail
the obligation to do everything possible to accommodate such a person; cost (to the defendant)
and benefit (to the plaintiff) merit consideration as well." Oras, supra, 373 N.J. Super. at 315.
"Guided by those principles, courts have held, for example, that it would violate the LAD for
a "condominium association [to fail] to provide a reasonable parking space accommodation in the
parking lot common element sufficient to afford [a resident with a disability] an equal opportunity
to the use and enjoyment of her condominium unit." Estate of Nicholas v. Ocean Plaza Condo.
Assoc., 388 N.J. Super. 571, 591 (App. Div. 2006)" "
-- https://www.nj.gov/oag/dcr/downloads/findings/Mauro_v_Penwall-Affordable-Housing_FCP.pdf
You should consider contacting the NJ attorney general, division of civil rights to get help with your questions. See the contact info at https://www.nj.gov/lps/dcr/index.html . To file a complaint: https://www.nj.gov/oag/dcr/filing.html . Where I am (which is not NJ), the state was key to causing massive change, and quickly, to parking in my condo. At the federal level, HUD can drag its feet and be stupid.
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